Woman-on-man sexual harassment judgment raises a few interesting points
The Kentucky Post reports: Man wins sexual harassment judgment (Mike Rutledge)
Flying J Inc. must pay $15,000 in damages and $36,600 in legal costs to a man who demonstrated . . . he rejected advances from his [female] supervisor . . . and suffered a “tangible employment action” as a result. Read more
Initially, the woman supervisor terminated him, but when he complained to the store manager he was instead transferred to a virtually identical position, with the same pay and benefits, 120 miles from his home. This was deemed an adverse employment action, due to the distance from home.
Transfers in such situations could actually be viewed as appropriate remedies for harassment complaints, if intended to separate the parties.
Such separation may not be curative of the real problem, as another employee may then be victimized. Moreover, as this case illustrates, if the transfer is perceived as being to a less desirable position, it may compound the problem by strengthening the employee’s claim.
It is also interesting to note the puny recovery here. I wonder if the jury felt less sorry for a man harassed by a woman than vice versa.
Note also that attorneys fees to winning discrimination plaintiffs can be the biggest part of the recovery if the recovery is small. This possibility must be kept in mind in negotiating settlement.
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